About 5 years ago, while in my hometown during undergrad, I fell asleep outdoors after drinking heavily and was picked up by the cops. I was handcuffed but the cops just took me back to my parents' house. I was not charged with anything, nor was I formally arrested - no ticket, nothing - but it is possible, I suppose, that there is some record of this incident, as the cops certainly had my name and address. Should I disclose?

Probably not, but you could double-check to make sure there's no record of it. If you were handcuffed and the police ran your ID (?), it's possible that some kind of report was filed with your name attached, even if no charge or arrest was made. Depending on the school, that might be enough to necessitate disclosure.

Give the guy a break, it's a decent question, because technically he was "arrested." I think most applications and background checks refer to arrested as being charged with a crime, being taken down to the police station, etc. Being handcuffed by the police is technically being arrested, so he has good reason to wonder.

As for OP's dilemma, I'm sorry but this is beyond the scope of advice I can give you.

You need to check with the police department and see if there's a record. Every state is different when it comes to these categories. If you were handcuffed, there's a chance this is recorded as an arrest, which would certainly need to be disclosed on many apps.

The matter can be summed up in two sentences and won't affect your chances. You don't want it to look like you're playing semantics.

Moon_Man wrote:It is certainly possible that although there was no charge, there is a record.

Where do you guys think these records exist? Do you think there is a database out there that lists people who got driven home for being intoxicated? Because I'm sure your government has extra money to spend on pointless things like that.

If the officer didnt give you a ticket or even a piece of paper when he dropped you off, there is no record.

Moon_Man wrote:It is certainly possible that although there was no charge, there is a record.

Where do you guys think these records exist? Do you think there is a database out there that lists people who got driven home for being intoxicated? Because I'm sure your government has extra money to spend on pointless things like that.

If the officer didnt give you a ticket or even a piece of paper when he dropped you off, there is no record.

True. A guy who had been handcuffed and taken into a police car, and who's memory of the even is hazy at best, doesn't need to give too much thought about the incident as he applies to law schools. Why bother asking about it.

First, read each individual app, since they're all different. Some say that they only want >= misdemeanor convictions. Some read like they want you to list every parking ticket. Because of this, I only had to write disclosures to one or two of the bunch of schools I applied to.

Only disclose to schools that ask you to. Check off any that don't first. After that, you need to ask yourself if you really felt it was an arrest. How carefully did they check your license? Did they take it back to their car to presumably type it in, or did they just look at it to get your address? Etc. If you think you were actually arrested, then probably disclose. If you thought it was just a ride home, with handcuffs to make sure you didn't get violent, then I personally wouldn't bother.

starstruck393 wrote:First, read each individual app, since they're all different. Some say that they only want >= misdemeanor convictions. Some read like they want you to list every parking ticket. Because of this, I only had to write disclosures to one or two of the bunch of schools I applied to.

Only disclose to schools that ask you to. Check off any that don't first. After that, you need to ask yourself if you really felt it was an arrest. How carefully did they check your license? Did they take it back to their car to presumably type it in, or did they just look at it to get your address? Etc. If you think you were actually arrested, then probably disclose. If you thought it was just a ride home, with handcuffs to make sure you didn't get violent, then I personally wouldn't bother.

He wasn't arrested nor does he need to disclose this on any applications.

Moon_Man wrote:It is certainly possible that although there was no charge, there is a record.

Where do you guys think these records exist? Do you think there is a database out there that lists people who got driven home for being intoxicated? Because I'm sure your government has extra money to spend on pointless things like that.

If the officer didnt give you a ticket or even a piece of paper when he dropped you off, there is no record.

Hardly. In many jurisdictions, a police report is filed any time an officer responds to an incident even if there is no charge. These are typically destroyed after a period of time, but it depends on the state. My guess is that there's no record of this ever happening, but if his recollection of the incident is hazy, there's no reason not to make a simple phone call about it.

Moon_Man wrote:It is certainly possible that although there was no charge, there is a record.

Where do you guys think these records exist? Do you think there is a database out there that lists people who got driven home for being intoxicated? Because I'm sure your government has extra money to spend on pointless things like that.

If the officer didnt give you a ticket or even a piece of paper when he dropped you off, there is no record.

Just to indulge: There is something called an "incident report" that some dep'ts do more for their own protection. It is not at all "pointless;" rather, if I was to wake up the next day and report that I had been beaten by the cops, this report would reflect that no, Mr Moon Man had in fact been observed rolling about on the sidewalk, at which time Officer Frogg placed him in the rear of his vehicle, and that his bruising was due to his inebriation. The government has even less money to spend losing track of its own employees. So if you feel this is silly, by all means, move on, but it is not at all clear that this was or was not an arrest, nor whether there is or is not a record, so please don't go shooting off your opinions about what the government does and does not have the inclination to do.

I don’t know the exact procedure your PD adheres by 5 years ago, but in 2010 and in my jurisdiction, unless you’re being a clown while DIPing (drunk in public), or you have a warrant on your record when we run your ID or we had too many donuts and thus on a sugar rush, you usually get away spot clean, assuming this is the only encounter you have with us.

What happen next is that we would write a report containing your basic information (info on your license or ID) and a brief description of what happened. That report gets submitted to a database and it is available to any member of the public upon request.

If I were you, I would check “No” on the application corresponding to the question of concern. However, I would still write an addendum describing this incident and emphasize the point that I was never arrested and this is the only time I ran afoul of the law.

Moon_Man wrote:About 5 years ago, while in my hometown during undergrad, I fell asleep outdoors after drinking heavily and was picked up by the cops. I was handcuffed but the cops just took me back to my parents' house. I was not charged with anything, nor was I formally arrested - no ticket, nothing - but it is possible, I suppose, that there is some record of this incident, as the cops certainly had my name and address. Should I disclose?

Moon_Man wrote:It is certainly possible that although there was no charge, there is a record.

Where do you guys think these records exist? Do you think there is a database out there that lists people who got driven home for being intoxicated? Because I'm sure your government has extra money to spend on pointless things like that.

If the officer didnt give you a ticket or even a piece of paper when he dropped you off, there is no record.

Just to indulge: There is something called an "incident report" that some dep'ts do more for their own protection. It is not at all "pointless;" rather, if I was to wake up the next day and report that I had been beaten by the cops, this report would reflect that no, Mr Moon Man had in fact been observed rolling about on the sidewalk, at which time Officer Frogg placed him in the rear of his vehicle, and that his bruising was due to his inebriation. The government has even less money to spend losing track of its own employees. So if you feel this is silly, by all means, move on, but it is not at all clear that this was or was not an arrest, nor whether there is or is not a record, so please don't go shooting off your opinions about what the government does and does not have the inclination to do.

If you're that concerned, read every application you fill out. None will ask you to disclose if the police have ever filed an "incident report" against you. If you weren't booked at a station and weren't given any sort of formal citation, you weren't arrested.

Do you think Law Schools or the Bar want you to disclose every time a cop has ever ran your license? For god's sake...

Moon_Man wrote:About 5 years ago, while in my hometown during undergrad, I fell asleep outdoors after drinking heavily and was picked up by the cops. I was handcuffed but the cops just took me back to my parents' house. I was not charged with anything, nor was I formally arrested - no ticket, nothing - but it is possible, I suppose, that there is some record of this incident, as the cops certainly had my name and address. Should I disclose?

just disclose....what do you stand to lose by disclosing?

Right, that's the thing. If this was the only disclosure, it would be so boring as to almost call attention to its own banality. But one thing's for sure: I KNOW I was cited 7 years ago and whether this incident is also woven in means the difference between "overcoming a difficult period in my life" and the initial citation representing a "momentary indescretion."

You're almost certainly in the clear, and almost certainly should call the police department to check if they filed anything. Most apps just ask if you've ever been convicted of/plead guilty to a crime other than a traffic offense, which I imagine you haven't, as there was no ticket and no court date. Just read the specific wording.

The more important question: is your avatar a relief carving of a guy having sex with a ram?

shanejamin wrote:You're almost certainly in the clear, and almost certainly should call the police department to check if they filed anything. Most apps just ask if you've ever been convicted of/plead guilty to a crime other than a traffic offense, which I imagine you haven't, as there was no ticket and no court date. Just read the specific wording.

The more important question: is your avatar a relief carving of a guy having sex with a ram?